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  • Forseti
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17 Jul 12 #343734 by Forseti
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If she won''t commit to contact it would be extremely dangerous to agree to the LTR application - if and when she makes it.

Can she be relied on to wait for the outcome of that application or to abide by the court''s decision if it goes against her?

It is very doubtful she would get a hearing before the 26th, and if she moves then with the children it will be much more difficult to get any contact.

If she does leave, any application for return of the children needs to be made under Brussels II bis and not the Hague Convention - unless she goes to a non-Brussels country.

I would have thought the best option would be an emergency ex parte prohibited steps application today. Get an order in place before she makes any move. Forget letters - waste of time.

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17 Jul 12 #343739 by gerimine
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The way I see it you can either apply for an emergency PSO until contact is sorted out, or apply for a contact order, however if she is moving on the 26th July and has neither permission from the court nor from the father (assuming he has PR) you would need to apply under the Hague Convention for the return of the children to the UK jurisdiction as this is classed as abduction.
Reunite will advise you of your options.
They have to be living abroad for 12months to use habitual residence as a defence for return.
You need to keep all correspondence texts emails etc as proof of her intentions.

Hope this helps.

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17 Jul 12 #343740 by Chained
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Thank you Forseti.

We have sent our solicitor an e-mail already asking for action.

We are awaiting for her reply.

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17 Jul 12 #343743 by Chained
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Thank you gerimine.

I have been working on sorting out the relevant correspondence for a week now and I have already bookmarked Reunite.

I unfortunately had the feeling this would come to this and have gathered as much info as I could. I just hope our solicitor sees the urgency of this, too.

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17 Jul 12 #343747 by Forseti
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Also have a look at Michael Robinson''s site here: www.thecustodyminefield.com/

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17 Jul 12 #343754 by Chained
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I am on it.

I think I found the BisII form, too

Thanks

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